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Joining the EFF
by Esther Dyson
Publisher of Release 1.0

The Electronic Frontier Foundation is probably best--but incorrectly--
known as "Mitch Kapor's organization to defend computer hackers." In
fact, the basic message of the Foundation, "There's a new world coming.
Let's make sure it has rules we can live with." These rules will
establish the rights and also the responsibilities of the users of the
electronic infrastructure- which means, eventually, all of us.

The Foundation's most visible efforts, yes, involve the defense of
people charged with various forms of electronic trespass and damage.
This is not to say that there's no such thing as illegal hacking, but
that not all hacking is illegal. Many hackers' rights are abridged when
they are arrested by government agents who don't understand how a
computer works. There's a certain fear of the unknown that makes people
suspect the worst of a supposed "computer criminal." Searches have been
overly broad, and charges ridiculously overstated. Moreover, innocent
bystanders are hurt too, when bulletin boards are closed down and their
means of communication with each other is disrupted.

Sentences are also unduly harsh: Consider the proposed prohibition on
Robert Riggs' use of a computer after his release from prison.  The
computer is not a magic, deadly instrument but rather something closer
to a telephone. Many criminals plan their crimes by telephone or even
commit telephone farud, but they don't get barred from telephone usage
thereafter. Says EFF: "Such restrictions tend to promote the notion that
computers are inherently dangerous...[and that] access [to them falls
properly within the scope of government action."

The EFF also advocates government funding for the National Research and
Education Network, and passage of bills to do 80 currently in the Senate
and House. That doesn't mean that NREN would be the only thing going,
but it would be a spur to and resource for private efforts. Certainly
such a network should exist, but what's the best way to get it done?
Should access be subsidized for the poor or distant, as it was for
telephone service and still is for postal service? Should the subsidies
be direct, or should they go to users, or should they be achieved
through regulation?

Perhaps these questions don't have absolute answers, just as the
telephone business has evolved through variety of forms (not always
gracefully, to be sure). Perhaps we should start with a subsidized
network that ultimately will pay its way!  Although the EFF has
positions on these issues, its major concern is that the public take
part in addressing them, rather than leaving decisions up to a handful
of bureaucrats and interested parties.

Beyond that, there are important issues to consider and resolve, such as
the definition and protection of Constitutional rights including
privacy, free speech and assembly. In some cases, its more important to
have laws that are clear than precisely what those laws are. The world
can adjust to most laws, as long as they make some sense and are
consistent. Most interesting right now is the delicate tension over the
classification of network services such as Compuserve and Prodigy.  Are
they publishers, liable for the information they disseminate, or
utilities and common carriers, required to carry anything for the public
at large -and therefore not liable for its content? Or is this a false
dichotomy (as AMIX's Phil Salin asserts): For example, a BBS might be
like a bookstore: free to select the books it stocks and sells, but not
responsible for their content individually (i.e., for libel, say).  Nor
is the bookstore responsible for what anyone says inside its walls. Yet
some "adult" bookstores and record stores have been closed by local
legal actions. The precedents are muddy.

Finally, there's the awkward question of how to make the network good
for people without stuffing culture down unwilling throats.  If you
believe that broadcast TV is mostly junk and public TV is mostly
subsidized culture for the well-off, how do we make networks a people's
medium - real global villages rather than a global TV set or a global
museum? Will people use them to communicate rather than vegetate if you
make it easy? Can we regain the community involvement people lost when
everything became too big and complicated? Are citizens' groups working
over the net fringe groups, or are they harbingers of how everyone could
get involved?

I came to this with the benign American assumption that anyone
apprehended by the police has probably done something wrong; spending
time in Eastern Europe, watching the LA police videos and learning about
some of the EFF cases have changed my perspective forever.

I am now a board member of the EFF. But don't worry, Release 1.0 won't
become a mouthpiece for the EFF. In fact, when Mitch Kapor asked me to
join, I responded that I was pleased and flattered, but not sure I
should join; I certainly don't agree with all the views of the other
board members. "That," said Mitch, "is the point."

In other words, I joined the EFF to help set its agenda, not just to
help carry it out. and so I strongly urge that you get involved too.

Esther Dyson is the Editor and publisher of Release 1.0, a newsletter
covering the computer industry, from which this article is reproduced by
permission.